Zoners reconsider inmate treatment center

Hearing on panel's safety concerns gets off to rocky start. It's to resume later this month.

September 17, 2009|By Veronica Torrejon OF THE MORNING CALL

With some confusion about how to proceed, the Bethlehem Township Zoning Hearing Board on Wednesday began reconsidering plans for a controversial treatment center for Northampton County inmates.

The board rejected the proposed work-release treatment center in February. But developer Abraham Atiyeh appealed the decision, and about two months ago a Northampton County judge ruled the board had to take another look at the proposal.

Exactly how the board was to go about doing that was the source of some disagreement between the board and Atiyeh's attorney, James Preston.

In his ruling, Senior Judge Michael Franciosa agreed that the zoning board had valid concerns and questions about the safety and traffic generated by the treatment center, but said those questions were not enough to deny the application.

Based on the ruling, the board expected to hear additional testimony that would convince them of the safety of the proposed $10 million facility. The board was specifically looking for Preston to address four areas of concern:

The types of inmates that would be housed at the facility.

The security and supervision of the inmates.

The traffic the facility would generate.

The lack of a lease between the county and Atiyeh.

But Preston had a different interpretation of Franciosa's ruling.

"It was our expectation that we be here only to address any questions you may have," he said.

"It seems to me that you aren't prepared to present your case," said board member and attorney Gary Brienza.

Preston did ultimately present witnesses, including County Executive John Stoffa, who told the board that while there is not currently a lease between the county and Atiyeh, there is an agreement that the county will run the facility, which will house as many as 300 inmates.

"We have an old-fashioned handshake, which in my opinion is more valuable," said Stoffa.

But the board and township attorney Joseph Piperato pressed him on the issue, asking what would happen if County Council did not approve the terms of a lease with Atiyeh. Stoffa said he couldn't go to the county to approve a lease for a facility that the zoning board might reject.

Addressing the types of inmates who would be housed at the facility, Preston told the board it was impossible to list the exact types. All he could tell the board is that they would not include inmates convicted of involuntary manslaughter, aggravated assault, sexual assault or other violent crimes.

The board decided the issue of traffic will be discussed on Sept. 30, when the hearing resumes. At that meeting the board is expected to deliberate in public and issue a ruling.

Atiyeh has said he hopes to come to an agreement with township officials. He has also said that if an agreement can't be reached, he has a Plan B. He is challenging the township's zoning ordinance, which he says illegally excludes prisons.

If Atiyeh is successful in his challenge to the zoning ordinance, he has said, he will build a privately run prison instead of the treatment center.